1.1. The furniture remover shall fulfill its obligations with the greatest care and in the interest of the sender upon payment of the agreed remuneration.
1.2. If unforeseeable expenses arise in the course of the contractual service, these shall be reimbursed by the client, provided that the furniture remover could consider them necessary under the circumstances.
1.3. If the sender expands the scope of services after the contract has been concluded, the additional costs incurred as a result must be compensated in a reasonable amount.
1.4. Unless otherwise agreed, the personnel of the furniture remover are not authorized to carry out electrical, gas, dowel, or other installation work. If services are contractually agreed upon that are not part of the freight contract, liability is limited to 50,000 euros per damaging event. This limitation of liability does not apply if the damage was caused by intent or gross negligence on the part of the furniture remover or its personnel, or by breach of essential contractual obligations; in the latter case, claims for compensation are limited to foreseeable, typical damage. For the services of additionally appointed craftsmen, the furniture remover is only liable for careful selection.
The move may also be carried out as a consolidated (groupage) transport.
The furniture remover may engage another carrier to carry out the move.
Tips are not offset against the invoice amount.
If the moving goods include dangerous goods, the sender is obliged to inform the furniture remover in good time of the nature of the dangers posed by these goods.
Set-off against claims of the furniture remover is only permissible with due (mature) counterclaims that have been legally established, are ready for decision, or are undisputed.
Instructions and notifications from the sender regarding the execution of the transport must be addressed in text form exclusively to the contractor.
8.1. Unless otherwise contractually agreed, for domestic transports the invoice amount is due before completion of delivery, for international transports before loading begins, and must be paid in cash or by pre-transfer to the business account of the furniture remover.
8.2. Expenses in foreign currency will be invoiced at the exchange rate established on the payment day.
8.3. If the sender does not meet their payment obligation, the furniture remover is entitled to retain the removal goods or, after transport has begun, store them at the sender’s expense until payment of the freight and any costs incurred up to that point. If payment is still not made, the furniture remover is entitled to enforce a lien in accordance with statutory provisions.
8.4. Section 419 HGB applies accordingly.
The following additional provisions apply for storage:
9.1. In the case of storage, the depositor is also obliged to inform the furniture remover if goods subject to fire or explosive hazards or radiation, goods liable to spontaneous combustion, toxic, corrosive, malodorous, or, in general, goods that may cause harm to the warehouse and/or other stored goods and/or persons, are to be included in the contract.
9.2. The warehouse keeper essentially provides the following services:
9.2.1. Storage takes place in suitable company-owned or third-party storage rooms; furniture vans or containers suitable for storage are equivalent to storage rooms. If the forwarder stores with a third-party warehouse keeper, the name and storage location must be communicated to the client in writing without delay or, if a warehouse receipt is issued, this must be noted on it.
9.2.2. Upon storage, an inventory of the stored goods is created and signed by the depositor and warehouse keeper. The goods should be continuously numbered. Containers will be recorded by number. The warehouse keeper may waive creation of the inventory if the goods are directly stored in a container at the loading location, which is then sealed and remains sealed in storage.
9.2.3. After acceptance, the depositor receives a copy of the storage contract and inventory or is sent these. For partial retrievals, appropriate cancellations are made on the warehouse receipt or inventory.
9.3. The warehouse keeper is entitled to hand over the stored goods upon presentation of the storage contract with inventory or a corresponding cancellation endorsement on the inventory, unless it is known to the warehouse keeper or, due to gross negligence, unknown, that the presenter is not authorized to receive the goods. The warehouse keeper is authorized but not obliged to verify the authorization of any person presenting the contract or inventory.
9.4. Upon complete removal of the stored goods, the depositor is obliged to return the storage contract with inventory and to provide written acknowledgment of receipt. In the case of partial removals, the warehouse keeper and depositor will make corresponding notations in writing on the inventory and storage contract.
9.5. During the storage period, the depositor has the right to inspect the goods during warehouse keeper’s business hours, accompanied by the warehouse keeper. The appointment must be arranged beforehand. The storage contract and inventory must be presented at the appointment.
9.6. The depositor must notify the warehouse keeper of any change of address immediately in text or written form. They cannot claim lack of notice regarding communications sent by the warehouse keeper to the last known address.
9.7. The depositor is obliged to pay the monthly storage fee in advance by no later than the 3rd working day of each month to the warehouse keeper. Storage fees for the following months are due at the start of each month without a special invoice.
9.8. The warehouse keeper is not obliged to verify the authenticity of signatures on documents concerning the stored goods or the authority of the signatory, unless it is known or, due to negligence, unknown to the warehouse keeper that the signatures are false or that the signatory is not authorized.
9.9. If no fixed term has been agreed for the contract, either party may terminate the contract with one month’s written or textual notice unless there is a compelling reason for immediate termination without notice.
9.10. In contracts with parties other than consumers, the ALB (General Terms for Storage of German Furniture Transport) shall be deemed agreed. These can be accessed at www.amoe.de/ALB.
10.1. The move is a service within the meaning of Section 312g Paragraph 2 Sentence 1 Number 9 BGB. There is no statutory right of withdrawal pursuant to Section 355 BGB.
10.2. The sender may terminate the removal contract at any time. If the sender terminates, and the termination is not attributable to the risk sphere of the furniture remover, the furniture remover may either
10.2.1. demand the agreed freight, any standing charges, and necessary expenses to be compensated. The amount saved as a result of the contract cancellation, or obtained or maliciously not obtained otherwise, is to be credited to this amount;
10.2.2. or demand a lump sum of one third of the agreed freight.
11.1. For legal disputes with merchants arising from this contract and for claims from other legal grounds connected with the removal contract, the court in whose district the branch office of the furniture remover appointed by the sender is located shall have exclusive jurisdiction.
11.2. For legal disputes with parties other than merchants, exclusive jurisdiction applies only if, after the contract has been concluded, the sender moves domicile or habitual residence abroad or domicile or place of personal residence is unknown at the time legal proceedings commence.
German law applies.
The furniture remover uses the data provided by the customer to fulfill and process the order. The data is passed to appointed agents, insofar as they are employed for order fulfillment. The data will not be passed on to any other third parties. After complete processing of the order and full payment, the data will be blocked for further use and deleted after the expiry of tax and commercial law retention periods.
14.1. In the event of disagreements with consumers arising from or in connection with this contract that cannot be resolved between the parties,
the consumer has access to the AMÖ Conciliation Board for complaints. This
is established at the
Federal Association of Furniture Forwarders and Logistics (AMÖ) e.V.
Schulstraße 53 I 65795 Hattersheim
Tel.: 06190 989813 I Fax: 06190 989820
E-Mail: info@amoe.de I Internet: www.amoe.de
The AMÖ Conciliation Board may be contacted by consumers to resolve the dispute in whole or in part, temporarily or finally, in accordance with the rules of procedure of the AMÖ Conciliation Board as valid at the time of initiation. The arbitration decision is binding on the AMÖ remover as long as the matter of complaint falls within the jurisdiction of the local courts according to the German Judiciary Act.
14.2. The application to initiate the conciliation procedure must be submitted in text form.
14.3. The procedure is free of charge for consumers.
Information about liability provisions according to Section 451g HGB
The furniture remover is liable as a carrier under the removal contract and the German Commercial Code (HGB). These liability principles also apply to cross-border transportation starting or ending in Germany, even if various modes of transport are used. The liability provisions apply accordingly to storage contracts where the depositor is a consumer.
The furniture remover is liable for damage caused by loss or damage to the goods while they are in their care.
The furniture remover’s liability for loss or damage is limited to 620 euros per cubic meter of loading space needed to fulfill the contract. For exceeding the delivery period, liability is limited to three times the amount of the freight. If the furniture remover is liable for a breach of any contractual duty associated with the move that causes damages not resulting from loss or damage to the goods or from exceeding delivery time – and these are not physical or property damages – liability is limited in this case to three times the amount that would be payable in the event of loss of the goods.
If the furniture remover is obligated to pay compensation for loss of the goods, the value at the place and time of takeover shall be compensated. In the case of damage, the difference between the value of the undamaged goods and that of the damaged goods at the place and time of takeover must be compensated. The value of the goods is determined by market price. In both cases, the costs of determining the damage must also be compensated.
The furniture remover is exempt from liability if the loss, damage, or exceeding of the delivery period is due to an unavoidable event that could not have been prevented or whose consequences could not have been averted even with the greatest care.
(1) The furniture remover is exempt from liability insofar as the loss or damage is caused by one of the following risks:
1. Transport and storage of precious metals, jewelry, gems, money, stamps, coins, securities, or documents;
2. Inadequate packaging or labeling by the sender, provided that the sender is contractually obliged to package and label.;
3. Handling, loading, or unloading of goods by the sender, provided the sender is contractually obliged to do so.;
4. Transport and storage of goods not packed by the furniture remover in containers;
5. Loading or unloading of goods whose size or weight does not correspond to the spatial conditions at the loading or unloading location, provided the furniture remover has warned the sender about the risk of damage and the sender insisted on performance;
6. Transport and storage of live animals or plants;
7.natural or defective condition of the goods, as a result of which they are particularly susceptible to damage, especially due to breakage, malfunction, rust, internal spoilage, or leakage.
If damage occurs that could result from any of the risks described in 1 through 7, it is presumed to have been caused by that risk. The furniture remover may only invoke these specific reasons for exclusion of liability if all necessary measures and specific instructions have been observed under the circumstances.
(2) The warehouse keeper is not liable for damages caused by nuclear energy or damages to or caused by radioactive substances.
(1) The liability exemptions and limitations also apply to non-contractual claims for loss or damage to goods or exceeding delivery time, unless the furniture remover has acted intentionally or recklessly with the knowledge that damage would probably occur.
(2) The aforementioned liability exemptions and limitations also apply to the personnel of the furniture remover.
If the furniture remover appoints another furniture remover for the move, this contractor is equally liable as the contracted furniture remover as long as the goods are in their care. The acting contractor may assert all contractual defenses.
It is possible to insure the goods beyond the statutory liability. On request of the customer and for payment of a separate premium, the furniture remover will obtain transport or storage insurance.
The following important provisions apply for asserting claims for compensation:
(1)Externally visible damages and losses should be precisely recorded on the delivery receipt or a damage report upon delivery. Such damages or losses must be reported to the furniture remover no later than the following day in detail and in text form (email, letter, fax).
(2) Externally invisible damages and losses must be reported to the furniture remover within 14 days of delivery, also in detail and in text form.
(3) If damages and losses are not claimed within the periods specified, claims for compensation expire.
(4) Exceeding the delivery period must be reported within 21 days of delivery in text form. After expiration of the period, the right lapses.
(5) To meet the deadlines, it is sufficient to timely send a detailed notification in text form to the contracted or delivering furniture remover clearly identifying the sender.
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